News (Media Awareness Project) - UK: Three Walk Free in Cannabis Chocolate Case |
Title: | UK: Three Walk Free in Cannabis Chocolate Case |
Published On: | 2007-01-26 |
Source: | Independent (UK) |
Fetched On: | 2008-01-12 16:54:50 |
THREE WALK FREE IN CANNABIS CHOCOLATE CASE
Three people who supplied thousands of chocolate bars laced with
cannabis to multiple sclerosis sufferers walked free from court today.
Mark Gibson, 42, his wife Lezley, 42, who has multiple sclerosis (MS),
and Marcus Davies, 36, were each given a nine-month jail term,
suspended for two years.
All three defendants argued that the drug eased the symptoms of MS and
believed they had a defence of medical necessity but this was rejected
by a jury last month.
Sentencing today at Carlisle Crown Court, Judge John Phillips said he
accepted their motives were "altruistic", that they had a genuine
desire to help people who were suffering and that no profit was made
from the operation.
The judge said that current sentencing guidelines substantiated a
significant custodial sentence but he accepted there were exceptional
circumstances in this case, although he disagreed that a conditional
discharge was appropriate.
He said: "The conspiracy to supply drugs took place over a number of
years in what was a sophisticated operation in which several kilograms
of cannabis were distributed."
All three were convicted of two counts each of conspiring to supply
cannabis throughout 2004 and until February 2005.
The "cottage industry" made and supplied 20,000 of the Canna-Biz bars,
each containing around 2g (0.07oz) of the drug.
The customers made a donation to cover costs and had to provide a
medical note confirming their condition.
The Gibsons, of Alston, Cumbria, insisted it was a free service and
they made no secret of their activity, with advertisements in both the
regional and national media.
Cumbria Police were also said to have been aware of their
operation.
Cash receipts totalling UKP30,000 were seized but Mrs Gibson told
officers the money had been ploughed back into production of the bars.
Davies, of St Ives, Cambridgeshire, admitted running a website and
post office box for the not-for-profit organisation Therapeutic Help
from Cannabis for Multiple Sclerosis, thc4ms.org, but had denied any
involvement in making or posting the chocolates.
Before sentence was passed, Andrew Ford, representing Mrs Gibson, said
the protracted legal proceedings had taken its toll on his client.
He said: "She does not agree with drug use but feels this particular
drug was the only medicine that helped her.
"This condition will be with her forever. She is in pain every
day.
"As a result of this case she has unfortunately started a course of
anti-depressants."
Outside court, Mrs Gibson said she was "very disappointed" at the
judge's ruling.
She said: "I was devastated when we were found guilty and this
decision has broken me again.
"I still don't think I've done anything wrong. How can it be wrong to
try and help ill people? What kind of Government lets people suffer in
this way?
"The people that used to use our service are now forced to go to the
street dealers and buy contaminated cannabis."
The Gibsons added that they were planning to launch an appeal against
their conviction.
Three people who supplied thousands of chocolate bars laced with
cannabis to multiple sclerosis sufferers walked free from court today.
Mark Gibson, 42, his wife Lezley, 42, who has multiple sclerosis (MS),
and Marcus Davies, 36, were each given a nine-month jail term,
suspended for two years.
All three defendants argued that the drug eased the symptoms of MS and
believed they had a defence of medical necessity but this was rejected
by a jury last month.
Sentencing today at Carlisle Crown Court, Judge John Phillips said he
accepted their motives were "altruistic", that they had a genuine
desire to help people who were suffering and that no profit was made
from the operation.
The judge said that current sentencing guidelines substantiated a
significant custodial sentence but he accepted there were exceptional
circumstances in this case, although he disagreed that a conditional
discharge was appropriate.
He said: "The conspiracy to supply drugs took place over a number of
years in what was a sophisticated operation in which several kilograms
of cannabis were distributed."
All three were convicted of two counts each of conspiring to supply
cannabis throughout 2004 and until February 2005.
The "cottage industry" made and supplied 20,000 of the Canna-Biz bars,
each containing around 2g (0.07oz) of the drug.
The customers made a donation to cover costs and had to provide a
medical note confirming their condition.
The Gibsons, of Alston, Cumbria, insisted it was a free service and
they made no secret of their activity, with advertisements in both the
regional and national media.
Cumbria Police were also said to have been aware of their
operation.
Cash receipts totalling UKP30,000 were seized but Mrs Gibson told
officers the money had been ploughed back into production of the bars.
Davies, of St Ives, Cambridgeshire, admitted running a website and
post office box for the not-for-profit organisation Therapeutic Help
from Cannabis for Multiple Sclerosis, thc4ms.org, but had denied any
involvement in making or posting the chocolates.
Before sentence was passed, Andrew Ford, representing Mrs Gibson, said
the protracted legal proceedings had taken its toll on his client.
He said: "She does not agree with drug use but feels this particular
drug was the only medicine that helped her.
"This condition will be with her forever. She is in pain every
day.
"As a result of this case she has unfortunately started a course of
anti-depressants."
Outside court, Mrs Gibson said she was "very disappointed" at the
judge's ruling.
She said: "I was devastated when we were found guilty and this
decision has broken me again.
"I still don't think I've done anything wrong. How can it be wrong to
try and help ill people? What kind of Government lets people suffer in
this way?
"The people that used to use our service are now forced to go to the
street dealers and buy contaminated cannabis."
The Gibsons added that they were planning to launch an appeal against
their conviction.
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